Knowledge and resources

This section covers freezing injunctions in international cases. Practitioners need to be very careful when seeking such injunctions as whilst relatively easy to come by, they may turn out to be a poisoned chalice.

This chapter is set out in sections dealing with the law and procedure for serving documents issued in the jurisdiction of England & Wales in the different categories of foreign jurisdictions (outgoing process).

Until future case law clarifies how former civil partners will be treated under the Matrimonial and Family Proceedings Act 1984 (MFPA), this section focuses on the law relating to formerly married couples as applied in England and Wales.

This section covers financial provision for children where there are international aspects (although it does not cover enforcement of child maintenance). Most likely, one or both of the parties are non-British nationals and/or reside in different countries. Or both parties might be British but reside abroad.

This section considers some issues which can arise when it is possible to raise divorce or civil partnership proceedings in more than one UK jurisdiction.

This chapter covers issues in jurisdiction on divorce, such as stays within the E.U., division of assets, spousal maintenance, child maintenance, stays outside the E.U. and same-sex couples.

Family law practitioners should also bear in mind key factors such as choice of court and law when advising on and drafting marital agreements for international parties.

A forced marriage is one which takes place without the full and free consent of both parties.

This chapter should be read in conjunction with chapter 3 on the recognition of foreign marriages. Under s.51 Family Law Act 1986, the recognition of a divorce may be refused if the validity of the marriage is in question.

This section outlines the law and the principle concepts surrounding recognition by the courts of England & Wales of foreign marriages.

Family courts in England and Wales are increasingly dealing with international family law cases – much more so than even just a few years ago – indeed there is every likelihood that Brexit will increase the amount of litigation in England and Wales.

Resolution is producing regular briefings on Brexit. This is the March 2019 edition.

The International Committee aims to encourage, improve and promote good practice in the field of international family law.

On 6 March 2019 a select group of family lawyers came together in Resolution’s new offices to discuss the ‘mad riddle’ of Brexit, and the implications of a no deal scenario. Are there any positive possibilities on the horizon – the end of the EU Maintenance Regime perhaps? Or are we throwing away decades of careful co-operation, just as international elements of separation are on the rise? The debate may be academic by the time you are reading this, but the issues are likely to be in play one way or another for years to come.

Resolution held a roundtable discussion to consider the possible implications for family law practitioners of the UK exiting from the EU without a deal.

A follow up to our previous joint note with The Law Society providing guidance to family law solicitors in the case of a no-deal exit from the EU.

Resolution is producing regular briefings on Brexit. This is the February 2019 edition.

Resolution is producing regular briefings on Brexit. This is the January 2019 edition.

Resolution and the Law Society provide joint guidance for family law solicitors in the event the UK leaves the EU without a deal.

Resolution is producing regular briefings on Brexit. This is the August 2018 edition.